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MATTER OF NEW YORK CITY ASBESTOS LITIG.

Index No. 190209/19. Appeal No. 16699. Case No. 2021-04245.

210 A.D.3d 538 (2022)

179 N.Y.S.3d 33

2022 NY Slip Op 06557

In the Matter of New York City Asbestos Litigation. Ernest Maseto, Jr., Individually and as Personal Representative of the Estate of Ernest Maseto, Sr., Deceased, Respondent, v. A.O. Smith Corporation et al., Defendants, and Burnham LLC, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 17, 2022.

Attorney(s) appearing for the Case

Clyde & Co US LLP, New York (Peter J. Dinunzio of counsel), for appellant.

Simmons Hanly Conroy LLC, New York (John B. Wetmore of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Friedman, Gesmer, Singh, JJ.

Order, Supreme Court, New York County (Adam Silvera, J.), entered April 27, 2021, which denied defendant Burnham LLC's motion to vacate a ruling of the Special Master, dated May 5, 2020, directing it to appear for deposition on issues concerning punitive damages, and confirmed the ruling, unanimously affirmed, without costs.

According to the case management order (CMO) entered June 26, 2017—which remains the CMO governing New York City Asbestos Litigation ...

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